In what shapes up as another setback for a unique affordable housing campaign in Connecticut, Bethel appears ready to reject Vessel Technologies’ proposal for one of its pre-fabricated apartment complexes.
In a straw poll last week, Bethel zoning commissioners unanimously indicated they’ll turn down Vessel’s project when they vote in mid-October.
That sets up the prospect of another lawsuit involving Connecticut’s controversial 8-30g law: Vessel is already suing Glastonbury and Newtown, and said it’s prepared to take Bethel to court if the rejection becomes official.
The New York-based company wants to build a five-story, 75-unit version of its trademark high-tech, stark apartment building in Bethel, which would be its first property in tony Fairfield County. The company recently tried to get approved to build in nearby Newtown, and is currently in court to overturn its rejection there.
Vessel has invoked Connecticut’s 8-30g law in at least eight of its applications to build affordable apartments in various mid-level and wealthier suburbs around the state. Each building would be slightly different in size, but the architecture and framework are essentially identical to the one it built last year in New London.
Results have been mixed: Avon and Cheshire awarded quick zoning approvals, while Rocky Hill, Simsbury and Glastonbury voted “no.” Vessel sued all three: Rocky Hill negotiated a deal and avoided trial, a court imposed a settlement in Simsbury, and the Glastonbury case is still pending.
Vessel abruptly withdrew plans in West Hartford and Granby after it became clear they wouldn’t get approval.
In all of those communities, affordable housing lags the 10% level that Connecticut wants in each town and city. Communities with less than 10% are subject to the 8-30g law, which sharply restricts the reasons that zoning boards can use to turn away an affordable housing proposal.
By citing 8-30g, Vessel pledges to set aside 15% of its apartments for people making no more than 60% of the region’s average media income and another 15% for incomes capped at 80% of average. Vessel markets the other 70% of it apartments at market rates.
Fairfield County, home to some of the county’s most exclusive communities and highest incomes, has extensive affordable housing in Stamford, Norwalk, Danbury and the city of Bridgeport, but the rest of its towns are subject to 8-30g.
In Bethel, commissioners said they’re concerned about the potential damage to three residential wells near Vessel’s Nashville Road site. The company is proposing to do rock blasting there, and commissioners say that could endanger water availability for existing homeowners.
Based on the commission’s recent conversations, it appears to believe that concern rises to the level of substantial public interests in health and safety. Those are the only justifications that 8-30g leaves for disallowing affordable housing projects. And even in those cases, the town must demonstrate that the public interest outweighs the community’s need for affordable housing — and that that concern can’t be resolved through reasonable changes to the proposal.
Josh Levy, executive vice president of Vessel, said the company was disappointed by what it heard last week.
“We made every effort to collaborate with Bethel’s Planning and Zoning commissioners going well beyond what would be required pursuant to the requirements of 8-30g, so that we could deliver desperately needed homes,” he said in a statement Monday. “Unfortunately, it appears that our efforts to collaborate will not be reciprocated, as evidenced by Tuesday night’s discussion.”
Vessel offered a version of its plan with numerous compromises, including the elimination of the fifth floor and an overall reduction in the number of apartments.
Commissioners have drafted a motion that approves the project with 24 conditions including the cutback to four floors, along with provisions to do extensive water quality testing before and after blasting. But some commissions said they believe there are too many variables with the proposal and not enough information up front, and the commission also drafted a rejection letter.